Jagarnath Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54496 of 2018 Arising Out of PS.Case No. -6 Year- 2014 Thana -JHAJHA District- JAMUI ====================================================== Jagarnath Yadav S/o Huro Yadav, R/o Vill.- Kathbazara, P.S.- Jhajha, Distt.- Jamui.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhat Ranjan Singh, Adv. For the Opposite Party/s : Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-10-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.
Petitioner seeks bail in Jhajha P.S. Case No. 06/2014, registered for the offences punishable under Sections 341, 323, 386, 504 and 34 of the Indian Penal Code and section 27 of the Arms Act.
Informant is working as Munshi in a private construction company. It is alleged that on 09.01.2014 while the premixing machines was being carried, some miscreants including the petitioner came on motorcycle and stopped the machines. They abused the labourers and assaulted them with fist and slaps and threatened that if 10 % of value of total estimated cost of project will not be paid to them they will not allow them to execute
further works.
It has been submitted that petitioner has falsely been implicated in this case. Petitioner is already in custody for last two years. He has been remanded in this case on 03.04.2018. Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No. 06/2014, subject to the conditions:
(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.
(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for
cancellation of bail of the petitioner.
(S. Kumar, J) Vinita/- U T